Publication date: 30.05.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Copyright in a musical work gives music authors the right to control the use of their work. This means that the author (or authors) have the right to decide how their musical works are used, copied, recorded, performed and distributed.
Usually, the copyright of a musical work belongs to the composer (that is, the person who created the music) and the author of the lyrics (if the lyrics are part of a song). This right may be transferred or sold to other persons or entities through license agreements. Copyright for music is valid for the duration of the author's life and plus 70 years after his death, which is determined by the legislation of Ukraine.
Copyright registration for a work is important for several reasons:
Official confirmation of rights: Registration provides official confirmation of your status as the author and owner of the rights to the work. This can be useful in the event of a dispute over authorship or rights to a work.
Protection from Infringement: Registering a copyright gives you legal protection in the event that your right is infringed. It creates public documentation of your rights as an author and the date of creation of the work, which can be important evidence in court cases.
The rights of the author of the musical work:
Copyright in a musical work is a legal protection given to authors of musical works to control their use and distribution. These rights include such aspects as:
1. Right of reproduction: The author has the right to decide whether his work can be copied or recorded.
2. Right of public performance: This right allows the author to control public performances and performances of his musical work.
3. The right to edit and translate: The author has the right to prohibit the editing or translation of his work without his permission.
4. Derivative Use Right: This right allows the author to control the creation of derivative works based on his original musical work, such as remixes, covers, etc.
5. Right of distribution: The author has the right to decide how his work will be distributed, including sale, release on CD, vinyl, digital formats, etc.
6. Right to Publication: The author has the right to control whether his work can be published in certain formats or media.
These rights give authors of musical works control over their creative contributions and allow them to receive appropriate compensation for the use of their music by other individuals or organizations.
Copyright registration procedure:
In Ukraine, copyright registration for a musical work is carried out through the National Intellectual Property Authority of Ukraine (NIPO). Here are the steps of the copyright registration procedure for a musical work in Ukraine:
1. Preparation of materials: Save the recording of the musical work (audio recording, sheet music or other proof of authorship).
2. Filling out the application: Fill out the application for the registration of the copyright for the musical work. The application can be filled out both electronically and on paper. Personal data, data about the work and other information are indicated in the application.
3. Submission of the application: Submit the completed application together with the necessary materials to the IP Office of Ukraine. This can be done either in person or by sending it by post or email.
4. Payment of the fee: Pay the registration fee. The cost may vary depending on the selected application method and selected services.
5. Waiting for registration: After submitting an application and paying the registration fee, it may take some time for the application to be processed by the National Intellectual Property Authority.
6. Obtaining a certificate: After successful registration, a certificate of copyright registration for the musical work will be issued.
Lawyer consultation in the process of copyright registration:
It is extremely important that the development of the application and all other necessary documents is carried out in accordance with the requirements of the legislation, and legal services can help with this.
The lawyer help will ensure the copyright registration process, help in the process of drawing up an application and submitting it to the IP, and conduct a legal analysis of the situation. Therefore, lawyer advice is a guarantee that the author will receive a positive result and will be able to comprehensively protect his copyright.
